Blogs

Monthly Archives: September 2017

Posted: September 21, 2017

Turnover Order Can Relate to Out-of-State Property

On September 1, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Kassover v. Prism Ventures Partners, LLC, 2017 NY Slip Op. 31933(U), holding that a turnover order can apply to out-of-state property, explaining: The Court of Appeals has held that CPLR Article 52 contains no express territorial limitation. Turnover... Read more »

Posted: September 20, 2017

Alleged Breach by Plaintiff Insufficient to Prevent Judgment on Contract Claim

On September 11, 2017, Justice Masley of the New York County Commercial Division issued a decision in New York University v. International Brain Research Foundation, Inc., 2017 NY Slip Op 31934(U), granting a plaintiff summary judgment on its breach of contract claim despite the presence of evidence that the plaintiff failed fully to comply with... Read more »

Posted: September 19, 2017

Defendant Cannot Amend Answer to Assert Defense of Lack of Personal Jurisdiction

On September 11, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in REDF-Organic Recovery, LLC v. Rainbow Disposal Co., Inc., 2017 NY Slip Op. 31935(U), holding that a defendant cannot amend its answer to assert a defense of lack of personal jurisdiction, explaining: CPLR 3025[b] provides that leave to amend... Read more »

Posted: September 18, 2017

Client Bound by Counsel’s Agreements, Even if Counsel Lacked Authority to Agree

On September 12, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Samuel Realty LLC v. Richardson, 2017 NY Slip Op. 31936(U), holding that a party was bound by a stipulation agreed to by counsel, even if counsel lacked authority to enter into the stipulation, explaining: As noted by Judge... Read more »

Posted: September 17, 2017

Manager of Delaware LLC Must Exercise Rights Granted to it in Good Faith

On September 8, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Marbo Holdings Corp. v. Fulton Capitol, LLC, 2017 NY Slip Op. 31912(U), holding that even where an LLC manager is given discretion to act for its own benefit, it still must exercise that discretion in good faith, explaining:... Read more »

Posted: September 16, 2017

Indemnification Provision Applies to Litigation Between Parties

On September 5, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in Banc of America Credit Products, Inc. v. Guidance Enhanced Green Terrain, LLC, 2017 NY Slip Op. 31910(U), holding that an indemnification provision of a contract applied to litigation between the parties to the contract, explaining: In Hooper, the... Read more »

Posted: September 15, 2017

Parties Waived Right to Arbitrate By Participating in Litigation

On September 6, 2017, Justice Bransten of the New York County Commercial division issued a decision in Primer Construction Corp. v. Empire City Subway Co., Ltd., 2017 NY Slip Op. 31909(U), holding that the parties to a litigation had waived their right to arbitrate their dispute, explaining: [T]he governing Interference Agreement contains a binding arbitration... Read more »

Posted: September 13, 2017

First Department Arguments to be Broadcast Live Over the Internet

Presiding Justice Rolando T. Acosta has announced that effective Tuesday, September 12, 2017, oral argument of cases before the New York State Supreme Court, Appellate Division, First Judicial Department will be broadcast live over the internet. The court’s announcement explains that “[t]he public may watch the webcasts from most internet connected devices, including smart phones... Read more »

Posted: September 7, 2017

Appellate Court’s Costs Award Does Not Bar Application for Fees Under Contract

On August 31, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Lin Shi v. Alexandratos, 2017 NY Slip Op. 31836(U), holding that an appellate court’s award of costs did not preclude a later application for an award of attorneys’ fees under the parties’ contract, explaining: [The plaintiff] correctly argues... Read more »